(PC) Tripp v. Stocker et al, No. 2:2008cv02876 - Document 24 (E.D. Cal. 2009)

Court Description: [VACATED PURSUANT TO 10/07/09 ORDER]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/16/09 RECOMMENDING that 23 MOTION to DISMISS be granted, and this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 20 days.(Dillon, M) Modified on 10/8/2009 (Plummer, M).

Download PDF
(PC) Tripp v. Stocker et al Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE TRIPP, 11 Plaintiff, 12 13 vs. KIM STOCKER, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 17 No. CIV S-08-2876 GEB GGH P On July 13, 2009, defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has not opposed the motion. 18 Local Rule 78-230(m) provides in part: “Failure of the responding party to file 19 written opposition or to file a statement of no opposition may be deemed a waiver of any 20 opposition to the granting of the motion . . . .” On March 24, 2009, plaintiff was advised of the 21 requirements for filing an opposition to a motion to dismiss and that failure to oppose such a 22 motion may be deemed a waiver of opposition to the motion. 23 Accordingly, plaintiff’s failure to oppose should be deemed a waiver of 24 opposition to the granting of the motion. In the alternative, the court has reviewed the motion 25 and finds that it has merit. IT IS HEREBY RECOMMENDED that: 26 \\\\\ 1 Dockets.Justia.com 1 1. Defendants’ July 13, 2009, motion to dismiss (no. 23) be granted; and 2 2. This action be dismissed. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within ten days after service of the objections. The parties are advised 9 that failure to file objections within the specified time may waive the right to appeal the District 10 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: September 16, 2009 12 /s/ Gregory G. Hollows 13 UNITED STATES MAGISTRATE JUDGE 14 GGH:035 trip2876.46 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.